Terms and Conditions

 

Terms and Conditions



YOU MUST READ THE TERMS AND CONDITIONS CAREFULLY

Welcome to Digitalist1 We are glad to have you as part of our service. We are committed to providing you with the best possible value and convenience. Before you get started, you must read and agree to these Terms and Conditions (the “Terms”).

1. Terms of Use: By accessing any Design Bundles Ltd. website (“Website”), Digitalist1 Ltd. program or application or by downloading and using any Design Bundles Ltd. application, website, download, or file (collectively, the “Digitalist1 Platform”), you agree that you are bound by these Terms and by all applicable laws and regulations. If you do not agree with any of these Terms, you must leave this Website and discontinue use of the Digitalist1 Platform immediately. The materials contained on the Digitalist1 Platform are protected by applicable patent, copyright, and trademark law. This Website includes (a) a Digitalist1 Ltd. website, (b) all information included on the Digitalist1 Website, and (c) any service, subscription, or files accessible via the Design Bundles Website (referred to as “Product(s)” or “Digitalist1 Content”). The Digitalist1 Websites, Apps and Programs include Digitalist1, FontBundles.net, Monogram Maker App, DesignScape Web App and any future websites and applications developed by Digitalist1Ltd. (“Digitalist1”). Digitalist1 Platform includes the Website and allDesign Bundles Apps. Toget help with the Digitalist1Platform, t.

2. Reservation of Rights: You acknowledge and agree that the Digitalist1 Platform is provided under license, and not sold, to you. By downloading, installing, or otherwise accessing  Platform, you do not acquire any ownership interest in the Digitalist1 Platform, or any other rights thereto other than to use the Design Bundles Platform in accordance with the license granted, and subject to these Terms. Design Bundles and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Digitalist1 Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

3. Access and Representations of Use: Digitalist1 Platform may not be accessible for use in all locations. If you are using the Design Bundles Platform on behalf of your employer, you represent that your employer has authorized you to accept these Terms on your employer’s behalf. You also represent that your employer agrees to indemnify you and Digitalist1 for a violation of these Terms. You further represent that you are at least 18 years old or, if you are not at least 18, that you will only use the Design Bundles Platform in conjunction with, and under the supervision of, your parent or guardian.

4. Purchases: Digitalist1’ acceptance of your order or subscription will take place when Digitalist1 emails you to accept it, at which point a contract will come into existence between you and Design Bundles (referred to as “Contract”). If Design Bundles is unable to accept your order for any reason, Design Bundles will inform you of this and will not charge you for the product. Design Bundles will assign an order number to your order and notify you of the order number upon acceptance of your order.

5. Products: Digitalist1 has made every effort to display images and colors accurately. The images of the products on the Design Bundles Platform are for illustrative purposes only and Design Bundles cannot guarantee that a device's display accurately reflects the Product(s). Your product may vary slightly from those images displayed on the Design Bundles Platform. Design Bundles may update or require you to update digital content, provided that the digital content shall always match the description provided to you before you bought it. You further acknowledge that Design Bundles relies on the contracts, warranties, and/or representations of Design Bundles Platform users who upload Product(s) (“Contributor”) for license, and that Design Bundles cannot be responsible to you should a Contributor breach its contract, warranty(ies), and or representation(s) to Design Bundles. All refunds are at Design Bundles’ discretion or where required by law.
5.1 – Refund – Product Defect Digitalist1 will make the Product available for download by you as soon as Design Bundles accepts your order. Design Bundles offers a thirty (30) day money back guarantee on a Product. If you find a Product is not compatible, corrupt, or is missing on download, Design Bundles can refund you the price you paid for the Product (referred to as “Design Bundles Refund Policy”). The Design Bundles Refund Policy requires that you permit sufficient time to remedy any problem with a Product. Most issues are resolved within seven (7) days and if Design Bundles cannot resolve your issue with your Product within seven (7) days, Design Bundles will provide a full refund for the amount you paid for the Product to the payment method you used when purchasing the Product as set for in these Terms.
5.1.1 - Please test your products within the thirty (30) day refund period to ensure satisfaction. After thirty (30) days, Design Bundles will still make every reasonable attempt to assist you with any problems encountered with the Design Bundles support policy but are unable to provide a refund.
5.2 – Refund – Satisfaction If you have changed your mind regarding the regular purchase of a non-discounted Design Bundles Product, Design Bundles can refund the price you paid for the Product within 30 days if you have not downloaded any files for the Product to your device, as determined in Design Bundles’ sole discretion. Design Bundles reserves the right to refuse to provide a refund according to this Section on events/discounts and special offers.
5.3 – Refund – Store Credit If you purchase a Product with store credit, a refund can only be refunded back to your store credit account and not to the original payment method.
5.4 – Refund – Plus Membership A Plus membership payment can be refunded within seven (7) days of the billing charge, as long as none of the member benefits (such as discounts on marketplace products, Plus credits, or the One Dollar Deals After Party) have been used since the most recent charge.
5.4.1 If no member benefits have been used, please contact Digitalist1 Customer Service within seven (7) days of the most recent charge, and Design Bundles will cancel the Plus membership and issue a full refund of the current month's charge only. If Plus member benefits have been used since the monthly billing charge has been assessed by Design Bundles, the month’s charge would not qualify for a refund.
5.4.2 Plus Membership Credits do not have a cash value and expire when you or Design Bundles cancels your PLUS Membership.
5.5 – Refund – Duplicate Purchases If you have purchased an individual product which you have already licensed from Design Bundles, whether as an individual product or as part of a bundle, Design Bundles can refund the price you paid most recently for the Product within thirty (30) days of purchase. Design Bundles reserves the right to refuse to provide a refund according to this Section if an individual product was purchased first, and is subsequently included in a bundle, event, or special offer.

6. Products - Supply: Design Bundles may need certain information from you so that Design Bundles can supply the Product(s) to you. If so, this will have been stated in the description of the Product(s) on the Design Bundles Platform. If you do not give Design Bundles this information within a reasonable time, or if you give Design Bundles incomplete or incorrect information, Design Bundles may either a) refund the purchase price of the Product minus a reasonable service fee or (b) make an additional charge of a reasonable sum to compensate Design Bundles for any extra work that is required as a result. Design Bundles will not be responsible for supplying the Products late or not supplying any part of the Product(s) if this is caused by you not giving Design Bundles the information needed.

Design Bundles may have to suspend the supply of a Product to:
  • deal with technical problems or make minor technical changes;
  • update the Product(s) to reflect changes in relevant laws and regulatory requirements;
  • make changes to the product as requested by you or notified by us to you.

You are encouraged to download a Product as soon as practical after purchase. Design Bundles may contact you in advance to tell you we will be suspending supply of a Product but cannot guarantee that Design Bundles will do so. If Design Bundles has to suspend a Product, you may contact Design Bundles to receive a refund of the purchase price if the Product has been suspended within thirty (30) days of the purchase of the Product. If the Product has been suspended thirty-one (31) days or longer after the purchase the of the Product, you may contact Design Bundles to receive one (1) PLUS credit for each Product that Design Bundles suspended. If Design Bundles has to suspend a Product in its entirety that requires an ongoing payment or subscription, Design Bundles will adjust the price so that you do not pay for Product(s) while they are suspended You may contact Design Bundles to end the contract for a Product that requires an ongoing payment if Design Bundles suspends it, or tells you Design Bundles is going to suspend it, in each case for a period of more than fourteen (14) days and Design Bundles will refund any sums you have paid in advance for the Product in respect of the period after you end the contract. If you do not pay Design Bundles for a Product when you are supposed to and you still do not make payment within seven (7) days of Design Bundles reminding you that payment is due, Design Bundles may suspend supply of the Product(s) until you have paid Design Bundles the outstanding amount(s). Design Bundles will contact you to tell you Design Bundles is suspending supply of the Product(s), but please be advised that a third party payment portal such as PayPal, Braintree, Stripe or others may continue to try and collect outstanding payments due Design Bundles. Design Bundles will not charge you for the Product(s) during the period for which it/they are suspended. As well as suspending the products Design Bundles can also charge you interest as permitted by law on your overdue payments.

7. Product – Consumer Termination Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how Design Bundles is performing, when you decide to end the contract, and whether you are a consumer or business customer.
If what you have bought is faulty or mis-described, you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). If you are a consumer, Design Bundles is under a legal duty to supply Product(s) that are in conformity with this Contract. The Consumer Rights Act 2015 says digital content (for example a font) must be as described, fit for purpose and of satisfactory quality:

  • if the Product(s) is faulty, you are entitled to a repair or a replacement.
  • if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all your money back; and
  • if you can prove the fault has damaged your device and Design Bundles has not used reasonable care and skill, you may be entitled to a repair or compensation.
If you want to end the Contract because of something Design Bundles has done or has told you, Design Bundles is going to do as set forth below in this paragraph, the Contract will end immediately, and Design Bundles will refund you in full for any products which have not been provided or made available and you may be entitled to compensation. The reasons are:
  • Design Bundles told you about an error in the price or description of the Product(s) you ordered and you do not wish to proceed;
  • there is a risk that supply of the Product(s) may be significantly delayed because of events outside of Design Bundles’ control;
  • Design Bundles has suspended supply of the Product(s) for technical reasons, or notifies you Design Bundles is going to suspend a Product for technical reasons, in each case for a period of more than fourteen (14) days; or
  • you have a legal right to end the Contract because of something Digitalist1 has done wrong.
If you are a consumer and have just changed your mind about a Product(s), you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions. Your right to change your mind under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may not apply in the case of digital content purchased which has been downloaded or if you are not located in the United Kingdom. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
Your right as a consumer to change your mind does not apply in respect of:
  • digital products (for example our fonts) after you have started to download these; and
  • services, once these have been completed, even if the cancellation period is still running.
If you are a consumer, how long you have to change your mind depends on what you purchased and how the Product(s) is delivered. If you have bought digital content for download (for example a font or a font bundle) you have fourteen (14) days after the day Design Bundles emails you to confirm Design Bundles’ acceptance of your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Even if Design Bundles is not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay Design Bundles compensation. A contract for digital content is completed when the product is delivered or downloaded and paid for. If you want to end a Contract before it is completed where Design Bundles is not at fault and you are not a consumer who has changed their mind, just contact Design Bundles to let us know. The Contract will end immediately, and Design Bundles will refund any sums paid by you for Product(s) not provided; but Design Bundles may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs Digitalist1 will 
incur as a result of your ending the Contract.



 .Digitalist1

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